After a car accident, telling your insurer that the collision happened may seem like the obvious first step. However, that report does not necessarily start a claim for statutory accident benefits. In Jakupovic v. Intact Insurance Company, 2026 ONCA 651, the Ontario Court of Appeal confirmed that an injured person must notify the insurer that they intend to claim accident benefits. Reporting the collision or vehicle damage alone is not enough.
The decision is an important reminder to act promptly after a collision, even when injuries appear minor at first or symptoms develop over time. A delay does not automatically defeat a claim, but it can create a serious dispute about entitlement.
What happened to Jakupovic
Mr. Jakupovic was involved in a motor vehicle accident on February 13, 2019. He contacted Intact the next day to report the accident and the damage to his vehicle. He continued to communicate with the insurer about the property damage claim, but he did not advise Intact that he intended to claim accident benefits.
On December 12, 2020, approximately 22 months after the accident, he submitted an Application for Accident Benefits, known as an OCF-1. Intact initially approved the application, but later raised the late-notice issue and terminated his entitlement to benefits effective April 14, 2022.
The Licence Appeal Tribunal found that Mr. Jakupovic had not complied with the notice requirement and that his explanation for the delay was not reasonable. The Divisional Court reversed that result, holding that reporting the accident was sufficient and that the insurer should have asked whether he had been injured or intended to claim benefits. Intact appealed.
What the Court of Appeal decided
The Court of Appeal allowed Intact’s appeal and restored the Tribunal’s decisions. The Court held that section 32(1) of the Statutory Accident Benefits Schedule (SABS) is clear. A person who intends to apply for accident benefits must notify the insurer of that intention within seven days after the circumstances giving rise to the entitlement, or as soon as practicable afterward.
The Court rejected the argument that an insurer must treat every accident report as a possible accident benefits claim. It drew a clear distinction between notice that a collision occurred and notice that the injured person intends to claim benefits. Until that intention is communicated, the insurer is not required to begin the accident benefits application process merely because it knows about the collision.
The Court accepted that the SABS is consumer protection legislation. However, that purpose could not override the wording of section 32(1) or create an obligation that the legislation does not place on insurers.
Late notice does not always end a claim
The seven-day rule is important, but it is not an absolute bar in every case. Section 32(1) allows notice to be given as soon as practicable after the seven-day period. Section 34 of the SABS also provides that missing a time limit does not disentitle a person to a benefit if the person has a reasonable explanation for the delay.
Whether an explanation is reasonable depends on the evidence. In Jakupovic, the Tribunal had already considered the explanation for the lengthy delay and found that it was neither credible nor reasonable. The Court of Appeal did not disturb that factual finding.
What to do after an Ontario car accident
- Report the collision promptly. Notify the appropriate insurer about the accident and provide the information requested.
- State that you intend to claim accident benefits. Do not assume that a property damage report will start an accident benefits claim. Clearly advise the insurer if you were injured and intend to apply for benefits.
- Ask for the accident benefits package. The insurer should provide the required forms and information after receiving notice of your intention to claim benefits.
- Keep a written record. Save emails, claim numbers, forms, and notes of telephone calls, including the date, time, and name of the person you spoke with.
- Get legal advice early. Accident benefits claims involve short deadlines and detailed forms. Early advice can help protect your rights and avoid preventable disputes.
How Edwards Pollard LLP can help
The first days after a collision can affect access to treatment, income support, and other accident benefits available under the policy. Edwards Pollard LLP helps injured people understand the accident benefits process, complete the required forms, and respond when an insurer disputes or denies a claim.
If you were injured in a motor vehicle accident, or if you are concerned that notice may have been given late, contact us promptly. A missed deadline does not always mean the claim is over, but the explanation and supporting evidence should be addressed as early as possible.
Contact Edwards Pollard LLP online or call 289 529 0404 for a free consultation.